Guidelines for clinical establishments: SC grants one-week to Kerala govt to file affidavit

New Delhi, Feb 24 (PTI) The Supreme Court on Tuesday granted one week to the Kerala government to file its counter affidavit on a plea challenging a slew of guidelines issued by the state high court, including asking clinical establishments to prominently display a list of services offered and package rates.

A bench of justices Vikram Nath and Sandeep Mehta passed the order after the counsel appearing for the state sought one-week time to file the affidavit.

While granting time to the state, the bench said the petitioners -- Kerala Private Hospitals Association and a person named Hussain Koya Thangal -- may file their rejoinder affidavit within two weeks thereafter.

The top court said its December 16 last year interim order directing the authorities not to take any coercive measures against the members of the association would continue till the next date of hearing on March 24.

In December last year, the apex court agreed to hear the petition challenging the Kerala High Court verdict and issued notice to the state government and others on it.

A division bench of the high court delivered the verdict on November 26, 2025 while dismissing the appeals against its single-judge order that rejected a plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.

Upholding the June 23 order of the single judge, the high court's division bench had issued the guidelines to ensure effective implementation of the Act, consistent with its objectives and the spirit of its preamble.

Issuing a slew of guidelines, the high court had said each clinical establishment shall prominently display, in Malayalam as well as in English, at the reception or admission desk and on its official website -- a list of the services offered and the baseline and package rates for commonly-performed procedures, with a note that unforeseen complications or additional procedures shall be itemised.

Besides other guidelines, it had said every clinical establishment shall maintain a grievance desk or helpline and register every complaint with a unique reference number, issuing an acknowledgement immediately through text messages, WhatsApp or in the physical form.

"All displayed rate lists, brochures and website information shall be kept current. Any change in services, rates or grievance contact details shall be promptly updated, with the date of revision clearly indicated," the high court had said.

It had said non-compliance of these guidelines shall attract regulatory action under the Act, including suspension or cancellation of registration and imposition of penalties, in addition to any civil, criminal or constitutional remedies available to patients.

The single judge of the high court had rejected the challenge to various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 and the Kerala Clinical Establishments (Registration and Regulation) Rules, 2018.

The plea filed had challenged certain provisions of the Act, including the obligation to publish the list of fees to be charged for each item of treatment and for "packages". PTI ABA ZMN